Judge Orders Gizmodo Search Papers Unsealed

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Judge Orders Gizmodo Search Papers Unsealed

A California judge Friday ordered the unsealing of the search warrant affidavit that led to a police raid on the home of Gizmodo editor Jason Chen, who paid $5,000 for a prototype 4G iPhone.

Wired.com, the Associated Press, the Los Angeles Time and other news outlets had sought the document's unsealing. Under California law, search warrant records are normally made public after the search is complete, and no later than 10 days after the warrant is issued, unless a motion and memo are filed with the court indicating a specific need for sealing. In this case, prosecutors had argued that unsealing the affidavit could tip off two unnamed people of interest. Additionally, they claimed, the affidavit identified a confidential informant in the investigation.

But on Friday, San Mateo County Superior Court Judge Clifford V. Cretan, who'd approved the search warrant, said he's read the affidavit, and there is no confidential informant. He ordered the document unsealed over prosecutors' objections.

Cretan said he only agreed to seal the document in the first place because it involved a fast-moving, active investigation, and because "the warrant involved possible intrusion into media sources," said the judge. "Which is ironic. Now it's media seeking to open things up."

The judge added that information contained in the affidavit has already emerged in the press. Last month Wired.com reported that 21-year-old Brian J. Hogan, of Redwood City, California, was the one who came into possession of the prototype iPhone at an area bar, and passed it to Gizmodo in exchange for a payment.

On April 19, Gizmodo dropped a bombshell on the gadget world with a detailed look at the iPhone prototype, which an Apple employee had apparently lost at the bar. Gizmodo publisher Gawker Media says it paid $5,000 for the iPhone, and returned the phone to Apple following publication of the story.

Four days after the Gizmodo story, officers from California’s Rapid Enforcement Allied Computer Team in San Mateo County, California, broke open the front door to Jason Chen’s home while no one was there and seized six computers, along with other items. The search has raised questions about the basis investigators used to obtain the warrant and whether it violated state and federal shield laws.

The search warrant affidavit is expected to be available shortly. Wired.com will post it as soon as it's available.